Fr. 76.00

Public Purpose in International Law - Rethinking Regulatory Sovereignty in the Global Era

English · Paperback / Softback

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Informationen zum Autor Pedro J. Martinez-Fraga is a partner in Bryan Cave LLP's International Arbitration and Litigation Practice Group, where he is the firm's co-leader and the co-founder of the Miami office. He has represented eight countries as lead counsel, and he has served in ICSID (World Bank) proceedings. Martinez-Fraga graduated from St John's College, Annapolis (B.A., summa cum laude); Columbia University, New York (J.D.), where he was Harlan Fiske Stone Scholar; and holds a Ph.D. (international law) (cum laude) from Universidad Complutence de Madrid. He has published more than fifty articles in fifteen countries, which have been translated into five languages, and has written five books on public and private international law. C. Ryan Reetz is a partner in Bryan Cave LLP's International Arbitration and Litigation Practice Group, where he is co-founder and office-managing partner of the firm's Miami office. In addition to serving as counsel and as arbitrator in a wide range of international arbitration matters, he teaches, lectures and publishes extensively on international dispute resolution topics. A member of the American Law Institute since 2005, he served as chair of the Florida Bar International Law Section from 2013 to 2014. Reetz is a graduate of Harvard College (A.B., magna cum laude) and of Boston University School of Law (J.D., summa cum laude). Klappentext This book explores how public purpose doctrine reconciles conflicting obligations of states to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. Zusammenfassung This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states. Inhaltsverzeichnis 1. Public purpose in NAFTA; 2. Identifying public purpose in customary international law: select international instruments; 3. Defining the profile of the public purpose doctrine in human rights conventions; 4. The effect of bilateral investment treaties on the public purpose doctrine and the public purpose doctrine's distortion of symmetry in bilateral investment treaties: discerning order and structure; 5. Permanent sovereignty over natural resources; 6. The role of public purpose in foreign investment protection statutes: can FIPS rehabilitate the doctrine?; Appendix I. A comparison between the performance requirements articles of the Canada-Jordan BIT and the Colombia-Japan BIT; Appendix II. An empirical review of the pre-eminence of the public purpose doctrine throughout the ever-expanding universe of bilateral investment treaties; Appendix III. A spatial comparison of provisions relating to investment protection, incentives, and dispute resolution in foreign-investment promotion statutes and bilateral investment treaties....

Product details

Authors Pedro J. Martinez-Fraga, Pedro J. Reetz Martinez-Fraga, Martinez-Fraga Pedro J., C. Ryan Reetz, Reetz C. Ryan
Publisher Cambridge University Press ELT
 
Languages English
Product format Paperback / Softback
Released 30.06.2017
 
EAN 9781107442061
ISBN 978-1-107-44206-1
No. of pages 469
Subjects Social sciences, law, business > Law > International law, foreign law

Law, LAW / International, Public International Law, Jurisprudence & general issues

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